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Res 149-87 9/1/1987RESOLUTION NO. RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR FILL AREAS FOR PHASE I OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WH EREAS the U.S. Army Corps of Engineers has designated certain parcels of land which will be required as fill areas in Phase I of the Holliday Creek Channel Improvement Project; and, WHEREAS, those parcels have been appraised by Henderson Appraisal and Consultants, who were employed by the City, and such appraisals have been reviewed by the Property Administrator and are on file in the Property Management Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is necessary that the City of Wichita Falls acquire the hereinafter described property located in Wichita Falls, Wichita County, Texas, for the purpose of filling to improve the drainage as a part of Phase I of the Holliday Creek Channel Improvement Project. SECTION 2. The legal descriptions of the fill easements to be acquired are as follows: Parcel #F-3 A 1. 52 acre tract, more or less, out of Block 4 of the Southeast one-fourth of the John A. Scott Survey No. 12, Abstract 296, and being a portion of the 11. 12 acre tract described in Volume 1111, Pages 510 and 511 of the Wichita County deed records. Parcel #F-4 A 2. 10 acre tract, more or less, out of the John A. Scott Survey No. 12, Abstract 296, and being a portion of the 4. 32 acre tract described in Volume 593 , Page 55 of the Wichita County deed records. Parcel 0-5 A 1.74 acre tract, more or less, out of the Southeast 160 acres of the John A. Scott Survey No. 12, Abstract 296, and being a portion of the tract described in Volume 1018, Page 169 of the Wichita County deed records. Parcel #F-6 A 1. 50 acre tract, more or less, out of the John A. Scott Survey No. 12, Abstract 296, and being a portion of the tract described in Volume 1263 , Page 680 of the Wichita County deed records. Parcel #F-7 A . 25 acre tract, more or less, out of Block 5 of the John A. Scott Survey No. 12, Abstract 296, and being a portion of the 4. 69 acre tract described in Volume 1286, Page 870 of the Wichita County deed records. Parcel #F-10 A . 45 acre tract, more or less, out of Block 2 of the Irrigation Subdivision of the John A. Scott Survey No. 11, Abstract 299, and being a portion of the . 47 acre tract described in Volume 1172, Page 679 of the Wichita County deed records. Parcel #F-11 A .76 acre tract, more or less, out of Block 2 of the Irrigation Subdivision of the John A. Scott Survey No. 11, Abstract 299, and being a portion of the tract described in Volume 1357, Page 723 of the Wichita County deed records. Parcel #F-12 A . 97 acre tract, more or less, out of Block 2 of the Irrigation Subdivision of the John A. Scott Survey No. 11, Abstract 299, and being a portion of the 2.8 acre tract described in Volume 891, Page 374 of the Wichita County deed records. The legal descriptions of the property to be acquired in fee simple title are as follows: Parcel #F-8 A . 54 acre tract, more or less, out of Block 2, Irrigation Subdivision of the John A. Scott Survey No. 11, Abstract 299, and being further described as Tract #2 in a deed recorded in Volume 66, Page 16 of the Wichita County deed records. Parcel #F-9 A 1. 13 acre tract, more or less, out of Block 2, Irrigation Subdivision of the John A. Scott Survey No. 11, Abstract 299, and being further described in a deed recorded in Volume 304, Page 87 of the Wichita County deed records. SECTION 3. The amount of the just compensation is to be set as follows: Fill Easements Parcel #F-3 $ 570.00 F-7 188.00 F-4 1, 575.00 F-10 450.00 F-5 1,740.00 F-11 760. 00 F-6 2,000. 00 4F-12 970.00 Fee Simple Title Parcel #F-8 $1,350. 00 F-9 2,825. 00 The above stated amounts of just compensation are also the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise these tracts. The City Manager is hereby authorized to acquire fill easements on Parcels #F-3 through #F-7 and #F-10 through #F-12 and fee simple title to Parcels #F-8 and #F-9 as described above, in the name of the City of Wichita Falls. SECTION 5. In the event the City Manager is unable to purchase such parcels for the appraised value, he is authorized to increase the offer when, in his judgment, it appears to be in the best interest of the City to do so to save the cost of condemnation. If both parties are unable to agree upon a value for the property, the City Manager is hereby authorized to institute condemnation proceedings to obtain such property in the name of the City of Wichita Falls for the Holliday Creek Channel Improvement Project. PASSED AND APPROVED this the 1st day of September, 1987. A Y O ATTEST: City erk